JC v Cornwall Council & Ors

JC v Cornwall Council & Ors

JC lacks capacity to engage in sexual relations because their learning disability and autistic-like traits prevent them from understanding and recognizing non-verbal signals indicating consent or withdrawal of consent, which are essential components of the relevant information required for capacity to engage in sexual relations.

Parties
Applicant: JC; Respondent: Cornwall Council; Respondent: NHS Cornwall and Isles of Scilly Integrated Care Board; Respondent: Cornwall Partnership NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Court of Protection / Judgment
Outcome
Declaration that JC lacks capacity to engage in sexual relations.
Legal Topics
Capacity to Engage in Sexual Relations, Best Interests, Consent, Learning Disability, Autism Spectrum Traits
Mental Capacity Law Health Law Capacity to Engage in Sexual Relations Best Interests Consent Learning Disability Autism Spectrum Traits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

JC

Applicant

Cornwall Council

Respondent

NHS Cornwall and Isles of Scilly Integrated Care Board

Respondent

Cornwall Partnership NHS Foundation Trust

Respondent

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Does JC have capacity to engage in sexual relations?
  2. 2 Has JC had all practicable steps to assist understanding?
  3. 3 What is the relevant information required for capacity to engage in sexual relations?

Ratio Decidendi

JC lacks capacity to engage in sexual relations because their learning disability and autistic-like traits prevent them from understanding and recognizing non-verbal signals indicating consent or withdrawal of consent, which are essential components of the relevant information required for capacity to engage in sexual relations.

Court Disposition

Declaration that JC lacks capacity to engage in sexual relations.

Orders

  • JC is declared to lack capacity to engage in sexual relations.
  • No further educational interventions are required unless JC’s motivation changes.